Guide to FOIP-Chapter 3

Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 3, Access to Records. Updated 5 May 2023. 46 Subsection 6(4) Application 6(4) Where additional details are invited to be supplied pursuant to subsection (3), the application is deemed to be made when the record is identified. Where a government institution needs to request additional details from an applicant, the 30-day deadline for a government institution to respond pursuant to subsection 7(2) of FOIP does not start until the head can identify what record(s) the applicant is requesting. In other words, until the necessary clarification is received, the 30-day clock has not started. For more on calculating the time see Section 7: Response Required, Calculating 30 Days, later in this Chapter. SECTION 7: RESPONSE REQUIRED Response required 7(1) Where an application is made pursuant to this Act for access to a record, the head of the government institution to which the application is made shall: (a) consider the application and give written notice to the applicant of the head’s decision with respect to the application in accordance with subsection (2); or (b) transfer the application to another government institution in accordance with section 11. (2) The head shall give written notice to the applicant within 30 days after the application is made: (a) stating that access to the record or part of it will be given on payment of the prescribed fee and setting out the place where, or manner in which, access will be available; (b) if the record requested is published, referring the applicant to the publication; (c) if the record is to be published within 90 days, informing the applicant of that fact and of the approximate date of publication; (d) stating that access is refused, setting out the reason for the refusal and identifying the specific provision of this Act on which the refusal is based; (e) stating that access is refused for the reason that the record does not exist;

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